A. Unless otherwise provided in a franchise or lease, franchisee or lessee with permission to occupy a public way or public property must locate its utility, cable, or telecommunications facilities underground in accordance with ACC Title 18 and Chapter 13.32A ACC.

B. Any newcomer in the public way must bear the full cost of discovering the location of any existing conflicts, coordination of the engineering plans to acquire the approvals of parties already in the public way, and relocating and/or mitigating such conflicts with preexisting facilities in conflict with the plans of the newcomer.

C. Whenever the city requires, a franchisee or lessee subject to this title and that currently occupies the public way shall relocate its facilities underground at no expense to the city. Such relocation shall be made concurrently with other planned work to minimize the disruption of the public ways as determined by the city engineer.

D. Should the available capacity of public ways prevent new uses in the future, all persons subject to this title shall negotiate with any interested newcomer the means of creating new capacity as required by applicable law. The parties shall arrive at a mutually supportable agreement and submit the same to the city for review and comment. The parties will incorporate any city requirements for approval and resubmit the revised proposal for city approval. If approved by the city, the parties will bear all costs associated with the proposal, and obtain the necessary permits to execute the approved plan from the city in accordance with this title and Chapter 12.24 ACC. The city shall bear no costs associated with resolution of capacity shortages within the public ways. (Ord. 6798 § 3 (Exh. C), 2020.)